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HILLYARD v. SHINSEKI

No. 2011-7157.

695 F.3d 1257 (2012)

Joseph C. HILLYARD, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

August 17, 2012.

Attorney(s) appearing for the Case

Kenneth M. Carpenter , Carpenter, Chartered of Topeka, Kansas, argued for claimant-appellant.

Martin F. Hockey, Jr. Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Todd M. Hughes , Deputy Director. Of counsel on the brief were Michael J. Timinski , Deputy Assistant General Counsel and Jonathan E. Taylor , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before LINN, MOORE, and O'MALLEY, Circuit Judges.

MOORE, Circuit Judge.

Mr. Hillyard appeals from a decision of the Court of Appeals for Veterans Claims (Veterans Court) affirming the Board of Veterans Appeals' (Board's) dismissal of Mr. Hillyard's second request for revision as barred by 38 C.F.R. § 20.1409(c). For the reasons set forth below, we affirm.

BACKGROUND

Mr. Hillyard served in the United States Army. While in service, he suffered a head injury and was hospitalized...

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